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Anne Arundel v. Cambridge Commons
State: Maryland
Court: Court of Appeals
Docket No: 2483/04
Case Date: 12/22/2005
Preview:REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2483

September Term, 2004

ANNE ARUNDEL COUNTY, MARYLAND v. CAMBRIDGE COMMONS, ET AL.

Murphy, C.J., Krauser, Bloom, Theodore G., (Ret., Specially assigned ) JJ.

Opinion by Bloom, J.

Filed: December 22, 2005

Anne Arundel County seeks our review of an Order of the Circuit Court for Anne Arundel County filed on 30 December 2004 in this class action brought against the County by Cambridge Commons, L.P., and others. We shall affirm the Order appealed from for the

reasons set forth below. The background of this case has been set forth by this Court's unpublished opinion in a prior appeal that reversed the circuit court's dismissal of the developer's first amended complaint. Cambridge Commons et al. v. Anne Arundel County, Maryland, No. 1340, Sept. Term. 2001 (filed Aug. 21, 2002). Consequently, we

need only recite a brief summary to place this appeal in its proper context. Appellees, certain owners and developers of property in Anne Arundel County, filed their initial complaint in this action on 22 February 2001, and subsequently filed an amended complaint on 2 May 2001. They seek equitable relief that includes an order of refund

of developmental impact fees that had been paid to the County but, allegedly, have not been spent. action on 26 February 2003. This case was certified as a class

In the provisions of the Order under

review that pertain to class notice, the circuit court, acting "pursuant to [Maryland] Rule[s] 2-231 and 2-504," directed, inter alia: a) that both parties within 30 days shall prepare a proposed form of notice in compliance with Rule 2-231(e) as to a 2-231(b)(3) class, which may be issued at the County's expense and which, at a minimum, must comply substantially with AACC [Anne Arundel County Code],

section 7-110[1] ... b) that the County also within 30 days must provide ... a list of all prospective class members
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